Vijay Kumar vs State Of Bihar

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

“(i) for the issuance of a rule in the nature of writ of certiorari for quashing the Notice cum Order/Direction dated 12-01-19 issued under the signature of Respondent No. 4, The Block Development Officer, Sheikhpura whereby and whereunder the petitioner has been directed to deposit Rs. 638406.30 for the undelivered rice weighing 465.99 quintals of Sampoorna Gramin Rozgar Yojana (In short- S.G.R.Y.) at the rate of Rs. 1370/- per quintal modifying the earlier Notice to deposit at the rate of Rs. 877.20 per quintal in the light of the Letter No. 402448 dated 19-12-2018 issued under the signature of Secretary, Rural Development Department and Letter No. 1784 dated 26-12-2018 issued under the signature of Deputy Development Commissioner, Sheikhpura without enclosing the aforesaid letter (although it is mentioned that photocopy of the same is enclosed) within one week or else F.I.R. would be lodged against the petitioner and it has also been mentioned in the aforesaid Notice that Certificate Case No. 10/11-12 has been lodged against the petitioner for the aforesaid amount but the petitioner has not received any Notice under section 7 of the Public Demand Recovery Act (In short- P.D.R. Act) till date.

(ii) for the issuance of a rule in the nature of writ of Mandamus commanding Respondent No. 4 to comply the order dated 16-09-11 passed by this Hon'ble Court in C.W.J.C. No. 14839 OF 2011 whereby and whereunder the petitioner was directed to file a Representation before Respondent No. 4 raising his grievance and Respondent No. 4 was directed to dispose of the same within ten weeks from filing of the Representation and till then it was directed to take no coercive action against the petitioner and although the petitioner had filed Representation dated 15-11-2011 in compliance of the order dated order dated 16-09-11 passed by this Hon'ble Court in C.W.J.C. No. 14839 OF 2011, it is still pending adjudication before Respondent No. 4.”

It is not in dispute that petition under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as “the Act”) is pending consideration/petitioner intends to file before the appropriate authority.

Learned counsel for the parties jointly pray that the instant petition be disposed of with direction to the appropriate authority to consider and decide the same expeditiously.

Learned counsel for the State states that the appropriate authority shall consider and decide the petition filed/ to be filed by the petitioner under Section 9 of the Act positively within a period of two months from the date of appearance of the petitioner before him along with a copy of this order and the issue of limitation shall not come in the way of decision on merits.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:-

(a) Petitioner shall appear in the office of the appropriate authority on 4th of November, 2022 along with a copy of this order, on which date documents in support of the petition shall be filed, or else file a fresh petition under Section 9 of the Act.

(b) The appropriate authority shall consider and dispose of the petitioner’s petition expeditiously, by a reasoned and speaking order, preferably within a period of two months from the date of appearance of the petitioner before him and till then no coercive steps be taken against the petitioner;

(c) The authority shall also examine as to whether the amount in question falls within the definition of public demand or not;

(d) The authority shall also examine all issues including question of fact and law;

(e) Needless to add, while considering such petition, principles of natural justice shall be followed and due opportunity of hearing as also leading evidences has to be afforded to the parties;

(f) Order assigning reasons shall be supplied to the parties;

(g) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(h) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch;

(i) Liberty reserved to the petitioner to challenge the order passed by the appropriate authority, before the appropriate forum, if so required and desired.

(j) We have not expressed any opinion on merits. All issues are left open;

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.